Pecuniary and non-pecuniary damages
We pursue compensation claims from assessing the loss to collecting the award, in traffic accidents, bodily injury, loss of support, medical malpractice and personal rights violations.
Compensation law concerns redress for loss suffered because of a wrongful act or a breach of contract. Correctly assessing and documenting the loss, and applying to the right body or court in time, are the foundations of the process. Our office is in Üsküdar, and our cases are mostly heard at the Istanbul Anadolu Courthouse.
Pecuniary damages (maddi tazminat) cover items such as medical expenses, lost earnings, reduced or lost capacity to work and the impairment of economic prospects (Turkish Code of Obligations art. 54). In case of death, those who depended on the deceased claim loss of support compensation (destekten yoksun kalma tazminatı, art. 53). Bodily injury, death or a violation of personal rights can also justify non-pecuniary damages (manevi tazminat, arts. 56, 58), the amount of which is set by the judge according to the circumstances.
In traffic accidents, the compulsory traffic insurer is liable alongside the vehicle's owner and driver, and a written claim must be made to the insurer before suing or applying to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) (Highway Traffic Act art. 97). Loss of a vehicle's market value (değer kaybı) is claimed in the same way. For malpractice in a public hospital, the claim is brought against the administration in the administrative courts; claims against private hospitals and doctors go to the civil courts. Choosing the correct route avoids losing time.
Tort claims become time-barred two years after the injured party learns of the damage and the person liable, and in any case ten years after the act; if the act is also a crime, the longer criminal limitation period may apply (art. 72). Law No. 7589, in force since 31 July 2026, abolished the action for an unquantified claim (belirsiz alacak davası) and changed the rules on interest and deductions in compensation cases; we determine which rules apply based on the date of the incident.
When you may need this
- You were injured or your car was damaged in a traffic accident and the insurer's offer seems too low.
- Your car lost market value after an accident and you want to claim the depreciation.
- You lost a family member in a traffic or workplace accident and are looking into loss of support compensation for those left behind.
- You believe an error was made during surgery, treatment or diagnosis and you suffered lasting harm.
- You were insulted, your reputation was damaged on social media or your privacy was violated, and you want non-pecuniary damages.
- You were detained or arrested and later acquitted or the case against you was dropped.
- A compensation claim has been filed against you and you want the basis of the amount assessed.
How the process works
- 01
Establishing the facts and the loss
We document the incident and the loss with the accident report, medical records, invoices and witness details. Where needed, we ask the court to preserve evidence.
- 02
Deadline and forum check
We determine the limitation period, the competent court (civil, commercial, consumer, labour or administrative) and who the claim should be directed against.
- 03
Pre-action steps
We complete steps such as the written claim to the insurer in traffic cases, the application to the administration in public hospital cases, or mandatory mediation where the type of dispute requires it. If a reasonable offer is made, we consider settlement.
- 04
Litigation or arbitration
Without settlement, we pursue the claim in court or, for traffic insurance disputes, before the Insurance Arbitration Commission. Experts and the Forensic Medicine Institute (Adli Tıp) assess fault, disability rate and the amount of damages.
- 05
Judgment and collection
Where necessary we appeal the judgment. We then pursue enforcement proceedings to collect the award with interest.
Services in this area
- Pecuniary and non-pecuniary damages from traffic accidents01
- Vehicle depreciation and vehicle damage claims02
- Bodily injury and loss of support compensation03
- Claims against insurers and Insurance Arbitration Commission proceedings04
- Medical malpractice cases05
- Non-pecuniary damages for violation of personal rights and defamation06
- Compensation for unlawful detention and arrest (CMK art. 141)07
- Damages for breach of contract08
Documents worth bringing
- Accident report and police or gendarmerie records
- Hospital records, discharge summary, medical and disability reports
- Invoices for treatment, medication, transport and care
- Proof of income: payslips, social security records, tax records
- Vehicle registration, appraisal report, insurance policy and correspondence with the insurer
- In case of death, the certificate of inheritance and registry records showing dependants
- For personal rights violations, screenshots, links and any criminal file details
How fees and costs are determined
Under article 164 of the Attorneys Act (Law No. 1136), the fee is set in a written fee agreement and cannot be lower than the Minimum Attorney Fee Tariff (AAÜT) published each year by the Union of Turkish Bar Associations. In compensation cases the fee is often agreed as a percentage of the amount claimed or awarded; the Attorneys Act caps such a percentage at twenty-five percent. The current tariff is published at tbb.org.tr.
The court fee in compensation cases is proportional to the amount claimed; part is paid on filing and the rest is calculated at judgment. An advance is paid for expert, forensic medicine and service costs. If the dispute is a commercial or consumer matter, mediation may be mandatory before suing; workplace accident compensation cases are exempt. The losing party pays the court costs and a statutory attorney fee; where a claim is partly accepted, costs are divided in proportion. Those who cannot afford the costs may apply for legal aid (HMK art. 334).
Frequently asked questions
What is the time limit for a compensation claim in Turkey?
Tort claims become time-barred two years after you learn of the damage and the person liable, and in any case ten years after the incident. If the incident is also a crime, such as a traffic accident causing injury, the criminal limitation period may apply. Contract-based claims and claims against the administration are subject to different periods.
Do I have to contact the insurer first after a traffic accident?
Yes. Before suing the compulsory traffic insurer or applying to the Insurance Arbitration Commission, a written claim with supporting documents must be made to the insurer. If the insurer does not pay within fifteen days or the offer is insufficient, you can go to court or arbitration. The driver and owner remain liable for losses exceeding the policy limit.
How do I claim vehicle depreciation after an accident?
Start with a written claim to the at-fault party's compulsory traffic insurer, attaching the appraisal report, accident report and repair documents. If that fails, apply to the Insurance Arbitration Commission or the court, where the depreciation is set by an expert. The claim is reduced in proportion to any fault on your part.
Is mediation mandatory for a non-pecuniary damages claim?
As a rule, mediation is not a pre-condition for tort-based non-pecuniary damages claims. It may be required if the dispute is a commercial or consumer matter. Compensation claims arising from workplace accidents are excluded from mandatory mediation.
How much compensation can I get for an insult or defamation?
The law sets no fixed amount for non-pecuniary damages. The judge decides based on the seriousness of the statements, how widely they spread (for example on social media) and the parties' social and economic circumstances. The criminal case and the compensation case are separate proceedings, and the outcome of one does not automatically decide the other.
Where is a medical malpractice claim filed?
If treatment took place in a public hospital, the claim is filed against the relevant authority in the administrative court after first applying to the administration. Claims against private hospitals and doctors are filed in the civil courts. In both cases, medical records and the forensic or expert report are decisive.
How long does a compensation case take?
It depends on the fault and disability assessments, objections to expert reports and the court's workload. The first instance stage often takes one to three years, and appeals add to this. The Insurance Arbitration Commission route is usually faster than the courts.
This page is for general information only and does not constitute legal advice. Every legal matter has its own circumstances; please request a meeting for your specific situation.
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